Client Relations and Ethics Flashcards

What does 'unauthorized practice of law' (UPL) mean?

Answer: Providing legal services or advice by a person not licensed to practice law

The unauthorized practice of law occurs when an unlicensed person provides legal advice, represents clients, or performs other tasks reserved for licensed attorneys.

What is a 'fee agreement' in legal practice?

Answer: A written contract specifying how the attorney will be compensated

A fee agreement is a written contract between an attorney and client that specifies the type of fee arrangement (hourly, flat fee, contingency) and billing procedures.

What is a 'contingency fee' arrangement?

Answer: The attorney is paid only if the case is won, taking a percentage of the recovery

A contingency fee arrangement means the attorney receives no fee unless the client wins, typically taking 33% of the recovery in personal injury cases.

What is the purpose of a 'closing letter' to a client at the end of representation?

Answer: To formally terminate the attorney-client relationship and outline final obligations

A closing letter formally ends the attorney-client relationship, summarizes the final outcome, confirms any remaining obligations, and advises on future legal needs.

What is 'legal malpractice'?

Answer: Negligence by an attorney that causes harm to their client

Legal malpractice occurs when an attorney's negligent act or omission in representing a client falls below the professional standard of care and causes the client harm.

What does 'due diligence' mean in legal client relations?

Answer: Thorough investigation and reasonable care taken before a legal transaction

Due diligence in legal practice refers to the careful and thorough investigation and analysis that attorneys must conduct before advising clients on transactions or legal matters.